Section 105-614; Ord. 18317; Declaring the need to acquire land for storm water control purposes; authorizing acquisition by negotiation or, if necessary, by condemnation


Ordinance No.            18317                      Council Bill No.             B 377-04          


AN ORDINANCE

declaring the need to acquire land for storm water control purposes; authorizing acquisition by negotiation or, if necessary, by condemnation; authorizing the City Manager to obtain and execute all instruments necessary for acquisition of such land; and fixing the time when this ordinance shall become effective.

    WHEREAS, the Constitution and Statutes of the State of Missouri and the Home Rule Charter for the City of Columbia, Missouri, authorize the City Council to exercise the power of eminent domain, within or without the City, and among other things, to acquire, and maintain any property, real or personal within or without the City for all public uses or purposes, and to acquire, receive and hold any estate or interest in any such property; and

    WHEREAS, the Council deems it necessary for the welfare and improvement of the City and in the public interest that certain private property be acquired by negotiation or by condemnation for public improvement.

    NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION l.  The City Council hereby declares the need to acquire in fee simple the following described land for storm water control purposes:

Project: Merideth Branch Detention Basin (78-12-01)
Parcel: 16-420-00-05-001.00

A tract of land located in the Southeast Quarter of Section 20, Township 48 North, Range 13 West in Columbia, Boone County, Missouri being a portion of Lot 1 of Daniel Boone Little League Subdivision as recorded in Plat Book 35, at Page 6 of the Boone County Records and being further described as follows:

Beginning at the northeast corner of Lot 59 of Stonecrest, Plat No. 2 as recorded in Plat Book 35 at Page 37 of said county records; thence N 03E41'40"W, 190.30 feet to the limits of a storm water impoundment easement as shown by said Final Plat recorded in Plat Book 35 at Page 6; thence with the limits of said easement N 70E48'40"W, 238.68 feet; thence leaving said easement S 27E32'50"W, 128.02 feet to a point on the boundary of said Stonecrest, Plat No. 2; thence with said boundary S 62E27'10"E, 334.84 feet to the point of beginning and containing 0.97 acres.  This tract may be subject to easements and restrictions of record.

    SECTION 2.  The City Manager is authorized to acquire the land described in Section 1 by negotiation.

    SECTION 3.  The City Manager is authorized to obtain, execute and record all deeds and other instruments necessary to acquire the land described in Section 1.

    SECTION 4.  If the City cannot agree with the owners, or those claiming an interest in the land described in Section 1, on the proper compensation to be paid for such land, or if the owner is incapable of contracting, is unknown, or cannot be found, or is a non-resident of the State of Missouri, the City Counselor is authorized to petition the Circuit Court of Boone County, Missouri, to acquire the land described in Section 1 by condemnation.

    SECTION 5.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of November, 2004.